Garrett v. Rogers
| Decision Date | 30 September 1870 |
| Citation | 48 Tenn. 321 |
| Parties | Lewis A. Garrett v. Wm. P. Rogers. |
| Court | Tennessee Supreme Court |
OPINION TEXT STARTS HERE
FROM GRAINGER.
In the Circuit Court. The name of the presiding Judge does not appear in transcript.
J. T. Shields, for plaintiff in error, insisted that the recital in the record showed that the omission of the signature was a clerical mistake, and cited 1 Cow., 65; 3 Dal., 419, n.
THORNBURG and MCFARLAND for Defendants.
The objection made to the record that the bill of exceptions is not signed by the Circuit Judge, is fatal. To hold otherwise, would be to open wide a door to confusion and fraud, and to invite unscrupulous parties to flood the dockets of this Court with unidentified and unauthenticated files purporting to be records. The truth of the case being fairly stated in the bill of exceptions, the Judge shall sign the same, which thereupon becomes a part of the record in the cause. Code, 2968.
“A bill of exceptions to become a part of the record, must be made up and signed by the Judge at the term in which the trial is had. McGavock v. Puryear, 6 Cold., 34.
This rule is sound in principle, and although it may operate hardly, and with seeming harshness in this case, in which the bill of exceptions is not signed at all, and in which the failure to have it signed is the result of oversight, yet we can not infringe a rule so important and necessary in practice, and so vital to the interests of litgants.
The appeal is dismissed.
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McAmis v. Carlisle
...8819; Heald v. Wallace, 109 Tenn. 346, 71 S.W. 80; State v. Hawkins, 91 Tenn. 140, 18 S.W. 114; Jones v. Burch, 71 Tenn. 747; Garrett v. Rogers, 48 Tenn. 321; Caruthers History of a Law Suit, 7th Ed., Sec. 438, p. 477; Tennessee Procedure in Law Cases, Secs. 1903 and 1905, pp. 750, 751; Mer......
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King v. John A. Denies Sons Co.
... ... bill of exceptions to be part of the record must be completed and filed within the time allowed by law or authorized extensions thereof, are: Garrett v. Rogers (1870), 48 Tenn. 321; State ex rel. Partin v. Dykes (1935), 169 Tenn. 100, 83 S.W.2d 243; [56 Tenn.App. 53] Tenn. Cent. Railroad v. Tedder ... ...
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Norris v. Richards
...and, therefore, are not properly a part of the bill of exceptions, hence, we cannot consider them on appeal. As was said in Garrett v. Rogers, 48 Tenn. 321, State v. Hawkins, 91 Tenn. 140, 18 S.W. 114, and many [45 TENNAPP 107] other cases, a bill of exceptions not duly authenticated by the......
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Bales v. Bales
...* * * "All our cases upon this subject are in accord. McGavock v. Puryear, 6 Cold. 34 [46 Tenn. 34]; Garrett v. Rogers, 1 Heisk. 321 [48 Tenn. 321]; Steele v. Davis, 5 Heisk. 75 [52 Tenn. 75]; Jones v. Burch, 3 Lea 747 [71 Tenn. 747]; Darden v. Williams, 100 Tenn. 414, 45 S.W. 669; Nance v.......